Jharkhand High Court
Etwari Mandal vs State Of Jharkhand & Ors on 1 September, 2017
Author: Ananda Sen
Bench: Ananda Sen
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6809 of 2011
----
Etwari Mandal son of late Indo Mandal, resident of Village Sonbad, P.O.
Motilda, P.S. Bengabad, Distt. Giridih.
... Petitioner
-versus-
1. The State of Jharkhand.
2. The Secretary, Deptt. of Drinking Water and Sanitation, Govt. of Jharkhand
at Nepal House, Doranda, P.O. Hinoo, P.S. Doranda, Distt. Ranchi.
3. The Engineer in Chief, Deptt. of Drinking Water and Sanitation, Govt. of
Jharkhand, at Nepal House, Doranda, Ranchi.
4. The Superintending Engineer, Drinking Water and Sanitation Circle,
Dhanwar, P.O. and P.S. Dhanwar, Dist. Giridih.
5. The Executive Engineer, Drinking Water and Sanitation Divn. No.1, Giridih,
P.O. P.S. Giridih, Dist. Giridih.
... Respondents
----
CORAM : HON'BLE MR. JUSTICE ANANDA SEN
----
For the Petitioners : Mr. Prakash Chandra Roy, Advocate
For the Respondents : J.C. to SC V
----
4 / 01.09.2017This petitioner has approached this Court praying for regularisation of his services. Petitioner is working as a Nalkoop Khalasi and was appointed on Daily Wage Basis. After completion of 240 days of service, the petitioner was enrolled in the Work Charge Establishment. This petitioner claims that he is working since 1986. The documents annexed with this writ application, i.e., Annexure 1, suggests that name of this petitioner was forwarded for considering his case for regularisation also.
2. The counsel appearing for the petitioner submits that as on date this petitioner is still working. He submits that in terms of judgment of the Hon'ble Supreme Court in the case of State of Karnataka versus Umadevi(3) reported in (2006) 4 SCC 1, the State Government has formulated a scheme for regularisation and the case of the petitioner is squarely covered by the scheme and the respondents should consider his case for regularisation.
3. The counsel appearing for the respondents admitted that this petitioner was initially appointed on Daily Wage Basis and thereafter in 2 the year 1991, his case was recommended for absorption in Work Charge Establishment. He submits that posts are not vacant.
4. After hearing the parties and on perusal of the records, prima facie it suggests that the petitioner is working at least from 1986. The State of Jharkhand has formulated a scheme as per the directions of the Hon'ble Supreme Court in the case of Umadevi (supra) for regularisation of services of the casual and daily wage employees.
5. Since the Government has already framed a scheme, I direct the petitioner to file a representation before the respondent No.2 - Secretary, Department of Drinking Water & Sanitation, State of Jharkhand within four weeks from today annexing all the documents, which the petitioner is relying upon. On receipt of such representation, the concerned respondent will consider the case of the petitioner strictly in terms of the scheme formulated by the State Government, pursuant to the directions of the Supreme Court in the case of Umadevi (supra), and shall pass a reasoned and speaking order within 8 (eight) weeks from the date of receipt of representation. If the order of respondent No.2 finds favour with the petitioner, necessary consequential order should also be passed and communicated to the petitioner forthwith.
6. With the aforesaid observations and directions, this writ application is disposed of.
( Ananda Sen, J.) Kumar/cp-02